• linkedin
  • Increase Font
  • Sharebar

    Washington state to require pharmacies to stock Plan B

    Ninth Circuit ruling requires provision of emergency contraceptives

     

    The bottom line

    The foundation for the Ninth Circuit’s ruling comes from the regulation’s neutrality. The court explained that the rule applies to all equally and does not target any specific religious beliefs. Due to the neutrality of the regulation, the state need only show a rational reason for implementing the rule.

    Katherine Waggoner, the plaintiff’s attorney, working with the Alliance Defending Freedom, stated that her clients plan to appeal. She asserted that “the constitution clearly says that the government can’t punish people for their religious beliefs, which is what is happening here.” 

    Other counsel for the plaintiffs mirrored Waggoner’s sentiment, stating that “the government has no business punishing citizens solely because of their religious beliefs,” and as “the pharmacists in this case willingly refer patients to over 30 pharmacies that stock the morning-after pill within a five-mile radius, no patient has ever been denied timely access.”

    The Ninth Circuit panel rejected the plaintiff’s arguments, stating, “the rules are rationally related to Washington’s legitimate interest in ensuring that its citizens have safe and timely access to their lawful and lawfully prescribed medications.”

    This article is not intended as legal advice and should not be used as such. When legal questions arise, pharmacists should consult with attorneys familiar with the relevant drug and pharmacy laws.

    Ned Milenkovich is co-chair of the Health Law practice at Much Shelist PC and vice chair of the Illinois State Board of Pharmacy. Contact him at 312-521-2482 or at nmilenkovich@muchshelist.com.

    Ned Milenkovich, PharmD, JD
    This article is not intended as legal advice and should not be used as such. When legal questions arise, pharmacists should consult with ...

    0 Comments

    You must be signed in to leave a comment. Registering is fast and free!

    All comments must follow the ModernMedicine Network community rules and terms of use, and will be moderated. ModernMedicine reserves the right to use the comments we receive, in whole or in part,in any medium. See also the Terms of Use, Privacy Policy and Community FAQ.

    • No comments available